Singapore legislation
Section 32
Section 32
By-laws for common property
(1)
Every parcel comprised in a strata title plan is regulated by by‑laws.
(2)
Subject to the Fourth Schedule, the by-laws prescribed by regulations are the by‑laws for every parcel comprised in a strata title plan in respect of which a management corporation is constituted on or after 1 April 2005, and any by‑law made under this section or section 33 must not be inconsistent with any such prescribed by‑law.
(3)
Except as otherwise provided in section 33, a management corporation may, pursuant to a special resolution, make by‑laws, or amend, add to or repeal any by‑laws made under this section, for the purpose of controlling and managing the use or enjoyment of the parcel comprised in the strata title plan, including all or any of the following purposes:
safety and security measures;
details of any common property of which the use is restricted;
the keeping of pets;
parking;
floor coverings;
garbage disposal;
behaviour;
architectural and landscaping guidelines to be observed by all subsidiary proprietors;
any other matters appropriate to the type of strata scheme concerned.
(4)
Any by-laws made, and any amendment of, addition to or repeal of the by‑laws made under this section or section 33, have no force or effect until a copy of the by‑laws or the amendment, addition or repeal (as the case may be) has been lodged with the Commissioner.
(5)
A copy of every by-law made by the management corporation under this section or section 33, and every addition to, amendment or repeal of any such by‑law for the time being in force, certified as a true copy under the seal of the management corporation, must be lodged by the management corporation with the Commissioner, in the form and manner acceptable to the Commissioner, and not later than the 45th day after the passing of the resolution by the management corporation approving the making of such by‑law or any amendment of, addition to or repeal of any existing by‑law.
(6)
Without limiting the operation of any other provision of this Act, the prescribed by‑laws and any by‑laws made under this section or section 33 for the time being in force bind the management corporation and the subsidiary proprietors and any mortgagee in possession (whether personally or by any other person), lessee or occupier of a lot to the same extent as if the by‑laws —
had been signed and sealed by the management corporation, and each subsidiary proprietor and each such mortgagee, lessee and occupier, respectively; and
contained mutual covenants to observe, comply and perform all the provisions of the by-laws.
(7)
A lease of a lot is deemed to contain an agreement by the lessee that the lessee will comply with the prescribed by‑laws and any by‑laws made under this section or section 33 for the time being in force.
(8)
The management corporation must —
keep a record of the prescribed by‑laws and any by‑laws made by the management corporation under this section or section 33 which are in force from time to time;
make available for viewing, free of charge, the prescribed by‑laws and any by‑laws made by the management corporation under this section or section 33 which are in force, as follows:
display them on a notice board maintained by the management corporation on the common property;
make them available for viewing at the office of the management corporation, on the application of a person who has an interest in so applying; and
on receipt of an application in writing made by a subsidiary proprietor, or by a person duly authorised to apply on behalf of a subsidiary proprietor for a copy of the by‑laws which are in force, supply to such subsidiary proprietor or duly authorised person, on payment of a fee that is not more than a prescribed amount, a copy of the by‑laws.
(9)
No by-law made under this section or section 33 is capable of operating —
to prohibit or restrict the devolution of a lot or a transfer, lease, mortgage or other dealing of a lot; or
to destroy or modify any easement expressly or impliedly created by or under this Act or the Land Titles (Strata) Act 1967.
(10)
The management corporation or subsidiary proprietor, mortgagee in possession, lessee or occupier of a lot is entitled to apply to the court —
for an order to enforce the performance of or restrain the breach of any by‑law by; or
to recover damages for any loss or injury to person or property arising out of the breach of any by‑law from,any person bound to comply therewith, the management corporation or the managing agent.
(11)
The court may make such order against any such person, the management corporation or the members of its council, or the managing agent, as the court thinks fit.
(12)
In this section, “lease” includes a tenancy agreement.